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Text: SSB02046                          Text: SSB02048
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Senate Study Bill 2047

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 692.17, unnumbered paragraph 1, Code
  1  2 Supplement 1995, is amended to read as follows:
  1  3    Criminal history data in a computer data storage system
  1  4 shall not include arrest or disposition data or custody or
  1  5 adjudication data after the person has been acquitted or the
  1  6 charges dismissed except for persons who have been acquitted
  1  7 by reason of insanity or adjudged mentally incompetent.
  1  8 Criminal history data shall not include custody or
  1  9 adjudication data after the juvenile has reached twenty-one
  1 10 years of age, unless the juvenile was convicted of or pled
  1 11 guilty to a serious or aggravated misdemeanor or felony
  1 12 between age eighteen and age twenty-one.
  1 13    Sec. 2.  Section 724.8, Code 1995, is amended to read as
  1 14 follows:
  1 15    724.8  PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS.
  1 16    No A person shall not be issued a professional or
  1 17 nonprofessional permit to carry weapons unless:
  1 18    1.  The person is eighteen years of age or older.
  1 19    2.  The person has never been convicted of a felony.
  1 20    3.  The person is not addicted to the use a chronic or
  1 21 habitual abuser of alcohol or any controlled substance.
  1 22    4.  The person has no history of repeated acts of violence.
  1 23    5.  The issuing officer reasonably determines that the
  1 24 applicant does not constitute present a danger to any person.
  1 25 As used in this subsection, "present a danger to any person"
  1 26 includes a state of mind manifested by violent, suicidal,
  1 27 threatening, harassing, or assaultive behavior.
  1 28    6.  The person has never been convicted of any crime
  1 29 defined in chapter 708, except "assault" as defined in section
  1 30 708.1 and "harassment" as defined in section 708.7 is not the
  1 31 subject of a restraining order or protective order.
  1 32    7.  The person has never been adjudged mentally incompetent
  1 33 under section 633.552, mentally ill under chapter 229, or
  1 34 mentally retarded under chapter 222.  A permit shall not be
  1 35 issued to any person who the issuing officer has reasonable
  2  1 grounds to believe is mentally ill or mentally retarded.
  2  2    8.  The person has not been acquitted of a crime by reason
  2  3 of insanity.
  2  4    9.  The person has not been convicted of a violation of
  2  5 chapter 124 within the previous three years.
  2  6    10.  The person is not an alien who is unlawfully present
  2  7 in the United States.
  2  8    The issuing officer shall adopt a written policy for the
  2  9 administration of this section and section 724.11.
  2 10    Sec. 3.  Section 724.9, Code 1995, is amended to read as
  2 11 follows:
  2 12    724.9  FIREARM TRAINING PROGRAM.
  2 13    A training program to qualify persons in the safe use of
  2 14 firearms shall be provided by the issuing officer of permits,
  2 15 as provided in section 724.11.  The commissioner of public
  2 16 safety shall approve the training program, and the county
  2 17 sheriff or the commissioner of public safety conducting the
  2 18 training program within their respective jurisdictions may
  2 19 contract with a private organization or use the services of
  2 20 other agencies, or may use a combination of the two, to
  2 21 provide such training.  Any person eligible to be issued a
  2 22 permit to carry weapons may enroll in such course.  A fee
  2 23 sufficient to cover the cost of the program may be charged
  2 24 each person attending.  Certificates of completion, on a form
  2 25 prescribed and published by the commissioner of public safety,
  2 26 shall be issued to each person who successfully completes the
  2 27 program.  No person shall be issued either a professional or
  2 28 nonprofessional permit unless the person has received a
  2 29 certificate of completion or is a certified peace officer.  No
  2 30 peace officer or correctional officer, except a certified
  2 31 peace officer, shall go armed with a pistol or revolver unless
  2 32 the officer has received a certificate of completion, provided
  2 33 that this requirement shall not apply to persons who are
  2 34 employed in this state as peace officers on January 1, 1978
  2 35 until July 1, 1978, or to peace officers of other
  3  1 jurisdictions exercising their legal duties within this state.
  3  2    Sec. 4.  Section 724.10, Code 1995, is amended to read as
  3  3 follows:
  3  4    724.10  APPLICATION FOR PERMIT TO CARRY WEAPONS &endash; CRIMINAL
  3  5 HISTORY CHECK REQUIRED.
  3  6    A person shall not be issued a permit to carry weapons
  3  7 unless the person has completed and signed an application on a
  3  8 form to be prescribed and published by the commissioner of
  3  9 public safety.  The application shall state the full name,
  3 10 social security number (optional), residence, and age of the
  3 11 applicant, and shall state whether the applicant has ever been
  3 12 convicted of a felony, whether the person is addicted to the
  3 13 use a chronic or habitual abuser of alcohol or any controlled
  3 14 substance, and whether the person has any history of mental
  3 15 illness or repeated acts of violence.  The applicant shall
  3 16 also display an identification card that bears a
  3 17 distinguishing number assigned to the card holder, the full
  3 18 name, date of birth, sex, residence address, and a brief
  3 19 description and colored color photograph of the card holder.
  3 20 Upon notification that criminal history data is available but
  3 21 not later than July 1, 1991, the The sheriff shall conduct
  3 22 immediately a criminal history check concerning each applicant
  3 23 by obtaining criminal history data from the department of
  3 24 public safety and the federal bureau of investigation.  A
  3 25 person who knowingly makes a false statement of material fact
  3 26 on the application commits a class "D" felony.
  3 27    Sec. 5.  Section 724.11, Code 1995, is amended to read as
  3 28 follows:
  3 29    724.11  ISSUANCE OF PERMIT TO CARRY WEAPONS.
  3 30    Applications for permits to carry weapons shall be made to
  3 31 the sheriff of the county in which the applicant resides.
  3 32 Applications from persons who are nonresidents of the state,
  3 33 or whose need to go armed arises out of employment by the
  3 34 state, shall be made to the commissioner of public safety.  In
  3 35 either case, the issuance of the permit shall be by and at the
  4  1 discretion of the sheriff or commissioner, who shall, before
  4  2 issuing the permit, determine that the requirements of
  4  3 sections 724.6 to 724.10 have been satisfied.  However, the
  4  4 training program requirements in section 724.9 may be waived
  4  5 for renewal permits.  The issuing officer shall collect a fee
  4  6 of ten dollars, except from a duly appointed peace officer or
  4  7 correctional officer, for each initial or renewal permit
  4  8 issued.  Renewal permits or duplicate permits shall be issued
  4  9 for a fee of five dollars.  The issuing officer shall notify
  4 10 the commissioner of public safety of the issuance of any
  4 11 permit at least monthly and forward to the director an amount
  4 12 equal to two dollars for each permit issued and one dollar for
  4 13 each renewal or duplicate permit issued.  All such fees
  4 14 received by the commissioner shall be paid to the treasurer of
  4 15 state and deposited in the operating account of the department
  4 16 of public safety to offset the cost of administering this
  4 17 chapter.  Any unspent balance as of June 30 of each year shall
  4 18 revert to the general fund as provided by section 8.33.
  4 19    Sec. 6.  Section 724.13, Code 1995, is amended to read as
  4 20 follows:
  4 21    724.13  REVOCATION OF PERMIT TO CARRY WEAPONS.
  4 22    The issuing officer may shall revoke any permit to carry
  4 23 weapons when the officer learns that any of the conditions
  4 24 required for the issuance of that permit as stated in sections
  4 25 724.6 to 724.10 have ceased to exist, or when the officer
  4 26 learns that that permit was improperly issued.  When the
  4 27 issuing officer revokes a permit, the officer shall notify the
  4 28 permit holder of such revocation on a form prescribed and
  4 29 published by the commissioner of public safety, and shall
  4 30 forward a copy of the form to the commissioner of public
  4 31 safety.  From the time the permit holder receives notice of
  4 32 revocation, the permit shall cease to have any force or
  4 33 effect.  Permit revocations may be reviewed by writ of
  4 34 certiorari.
  4 35    Sec. 7.  NEW SECTION.  724.14  PERMIT TO CARRY WEAPONS NOT
  5  1 VALID &endash; INTOXICATION.
  5  2    A permit to carry weapons is not valid when the permit
  5  3 holder has an alcohol concentration as defined in section
  5  4 321J.1 of .10 or more.  A permit holder who carries a weapon
  5  5 while intoxicated violates section 724.4.
  5  6    Sec. 8.  Section 724.15, Code 1995, is amended to read as
  5  7 follows:
  5  8    724.15  ANNUAL PERMIT TO ACQUIRE PISTOLS OR REVOLVERS
  5  9 FIREARMS.
  5 10    1.  Any person who acquires ownership of any pistol or
  5 11 revolver firearm shall first obtain an annual permit.  An
  5 12 annual permit shall not be issued to any person unless:
  5 13    a.  The person is twenty-one years of age or older for
  5 14 permits to acquire pistols or revolvers and eighteen years of
  5 15 age or older for permits to acquire rifles and shotguns.
  5 16    b.  The person has never been convicted of a felony.
  5 17    c.  The person is not addicted to the use a chronic or
  5 18 habitual abuser of alcohol or a controlled substance.
  5 19    d.  The person has no history of repeated acts of violence.
  5 20    e.  The person has never been convicted of a crime defined
  5 21 in chapter 708, except "assault" as defined in section 708.1
  5 22 and "harassment" as defined in section 708.7.
  5 23    f. e.  The person has never been adjudged mentally
  5 24 incompetent under section 633.552, mentally ill under chapter
  5 25 229, or mentally retarded under chapter 222.  A permit shall
  5 26 not be issued to any person who the issuing officer has
  5 27 reasonable grounds to believe is mentally ill or mentally
  5 28 retarded.
  5 29    f.  The issuing officer reasonably determines that the
  5 30 applicant does not present a danger to any person.  As used in
  5 31 this paragraph, "present a danger to any person" includes a
  5 32 state of mind manifested by violent, suicidal, threatening,
  5 33 harassing, or assaultive behavior.
  5 34    g.  The person has not been found not guilty by reason of
  5 35 insanity.
  6  1    h.  The person has not been convicted of any violation of
  6  2 chapter 124 within the previous three years.
  6  3    i.  The person is not an alien who is unlawfully present in
  6  4 the United States.
  6  5    j.  The person is not the subject of a restraining order or
  6  6 protective order.
  6  7    2.  Any person who acquires ownership of a pistol or
  6  8 revolver firearm shall not be required to obtain an annual
  6  9 permit if any of the following apply:
  6 10    a.  The person transferring the pistol or revolver firearm
  6 11 and the person acquiring the pistol or revolver firearm are
  6 12 licensed firearms dealers under federal law;.
  6 13    b.  The pistol or revolver firearm acquired is an antique
  6 14 firearm, a collector's item, a device which is not designed or
  6 15 redesigned for use as a weapon, a device which is designed
  6 16 solely for use as a signaling, pyrotechnic, line-throwing,
  6 17 safety, or similar device, or a firearm which is unserviceable
  6 18 by reason of being unable to discharge a shot by means of an
  6 19 explosive and is incapable of being readily restored to a
  6 20 firing condition; or.
  6 21    c.  The person acquiring the pistol or revolver firearm is
  6 22 authorized to do so on behalf of a law enforcement agency.
  6 23    d.  The person has obtained a valid permit to carry
  6 24 weapons, as provided in section 724.11.
  6 25    e.  The person transferring the pistol or revolver firearm
  6 26 and the person acquiring the pistol or revolver firearm are
  6 27 related to one another within the second degree of
  6 28 consanguinity or affinity unless the person transferring the
  6 29 pistol or revolver firearm knows that the person acquiring the
  6 30 pistol or revolver firearm would be ineligible to obtain a
  6 31 permit.
  6 32    3.  The annual permit to acquire pistols or revolvers
  6 33 firearms shall authorize the permit holder to acquire one or
  6 34 more pistols or revolvers firearms during the period that the
  6 35 permit remains valid.  If the issuing officer determines that
  7  1 the applicant has become disqualified under the provisions of
  7  2 subsection 1, the issuing officer may immediately invalidate
  7  3 the permit.  A permit to acquire firearms issued to a person
  7  4 age eighteen, nineteen, or twenty shall state clearly that the
  7  5 permit is limited to the purchase of rifles or shotguns.
  7  6    Sec. 9.  Section 724.16, Code 1995, is amended to read as
  7  7 follows:
  7  8    724.16  ANNUAL PERMIT TO ACQUIRE REQUIRED &endash; TRANSFER
  7  9 PROHIBITED.
  7 10    1.  Except as otherwise provided in section 724.15,
  7 11 subsection 2, a person who acquires ownership of a pistol or
  7 12 revolver firearm without a valid annual permit to acquire
  7 13 pistols or revolvers firearms or a person who transfers
  7 14 ownership of a pistol or revolver firearm to a person who does
  7 15 not have in the person's possession a valid annual permit to
  7 16 acquire pistols or revolvers firearms is guilty of an
  7 17 aggravated misdemeanor.
  7 18    2.  A person who transfers ownership of a pistol or
  7 19 revolver firearm to a person that the transferor knows is
  7 20 prohibited by section 724.15 from acquiring ownership of a
  7 21 pistol or revolver firearm commits a class "D" felony.
  7 22    Sec. 10.  Section 724.17, Code 1995, is amended to read as
  7 23 follows:
  7 24    724.17  APPLICATION FOR ANNUAL PERMIT TO ACQUIRE &endash;
  7 25 CRIMINAL HISTORY CHECK REQUIRED.
  7 26    The application for an annual permit to acquire pistols or
  7 27 revolvers firearms may be made to the sheriff of the county of
  7 28 the applicant's residence and shall be on a form prescribed
  7 29 and published by the commissioner of public safety.  The
  7 30 application shall state the full name of the applicant, the
  7 31 social security number of the applicant, the residence of the
  7 32 applicant, and the age of the applicant.  The applicant shall
  7 33 also display an identification card that bears a
  7 34 distinguishing number assigned to the cardholder, the full
  7 35 name, date of birth, sex, residence address, and brief
  8  1 description and colored color photograph of the cardholder, or
  8  2 other identification as specified by rule of the department of
  8  3 public safety.  Upon notification that criminal history data
  8  4 is available but not later than July 1, 1991, the The sheriff
  8  5 shall conduct a criminal history check concerning each
  8  6 applicant by obtaining criminal history data from the
  8  7 department of public safety and the federal bureau of
  8  8 investigation.
  8  9    The issuing officer shall collect a fee of not less than
  8 10 ten dollars for each application received.  The issuing
  8 11 officer shall forward to the commissioner of public safety at
  8 12 least once each month an amount equal to two dollars for each
  8 13 application received.  All fees received by the commissioner
  8 14 pursuant to this section shall be paid to the treasurer of
  8 15 state and deposited in the operating account of the department
  8 16 of public safety for use in administering this chapter.  The
  8 17 funds deposited under this section which remain unspent as of
  8 18 June 30 of each year shall revert to the general fund of the
  8 19 state as provided in section 8.33.
  8 20    Sec. 11.  Section 724.18, Code 1995, is amended to read as
  8 21 follows:
  8 22    724.18  PROCEDURE FOR MAKING APPLICATION FOR ANNUAL PERMIT
  8 23 TO ACQUIRE.
  8 24    A person may personally request the sheriff to mail an
  8 25 application for an annual permit to acquire pistols or
  8 26 revolvers firearms, and the sheriff shall immediately forward
  8 27 to such person an application for an annual permit to acquire
  8 28 pistols or revolvers firearms.  A person shall upon completion
  8 29 of the application personally deliver such application to the
  8 30 sheriff who shall note the period of validity on the
  8 31 application and shall immediately issue the annual permit to
  8 32 acquire pistols or revolvers to the applicant.  For the
  8 33 purposes of this section the date of application shall be the
  8 34 date on which the sheriff received the completed application.
  8 35    Sec. 12.  Section 724.19, Code 1995, is amended to read as
  9  1 follows:
  9  2    724.19  ISSUANCE OF ANNUAL PERMIT TO ACQUIRE.
  9  3    The annual permit to acquire pistols or revolvers firearms
  9  4 shall be issued to the applicant on a form prescribed and
  9  5 published by the commissioner of public safety immediately
  9  6 upon completion of the application criminal history check
  9  7 regarding the applicant unless the applicant is disqualified
  9  8 under the provisions of section 724.15 and shall be on a form
  9  9 prescribed and published by the commissioner of public safety.
  9 10 The permit shall contain the name of the permittee, the social
  9 11 security number of the permittee, the residence of the
  9 12 permittee, and the effective date of the permit.  An applicant
  9 13 may appeal to the issuing officer the denial of a permit to
  9 14 acquire firearms based upon the results of a criminal history
  9 15 check by submitting to fingerprints and paying a fee
  9 16 sufficient to cover the costs of fingerprinting and
  9 17 processing.
  9 18    Sec. 13.  Section 724.20, Code 1995, is amended to read as
  9 19 follows:
  9 20    724.20  VALIDITY OF ANNUAL PERMIT TO ACQUIRE PISTOLS OR
  9 21 REVOLVERS FIREARMS.
  9 22    The permit shall be valid throughout the state and shall be
  9 23 valid three days after the date of application issue and shall
  9 24 be invalid one year after the date of application issue.
  9 25    Sec. 14.  Section 724.21, Code 1995, is amended to read as
  9 26 follows:
  9 27    724.21  GIVING FALSE INFORMATION WHEN ACQUIRING WEAPON.
  9 28    A person who gives a false name or presents false
  9 29 identification, or otherwise knowingly gives false material
  9 30 information to one from whom the person seeks to acquire a
  9 31 pistol or revolver firearm, commits a class "D" felony.
  9 32    Sec. 15.  Section 724.26, Code 1995, is amended to read as
  9 33 follows:
  9 34    724.26  RECEIPT, TRANSPORTATION, AND DOMINION AND CONTROL
  9 35 POSSESSION OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS.
 10  1    A person who is convicted of a felony in a state or federal
 10  2 court and who knowingly has under the person's dominion and
 10  3 control possesses, receives, or transports or causes to be
 10  4 transported a firearm or offensive weapon is guilty of a class
 10  5 "D" felony.
 10  6    Sec. 16.  NEW SECTION.  724.31  EFFECTIVE DATES &endash; FIREARMS
 10  7 PROVISIONS, DELAYED EFFECTIVE DATE.
 10  8    1.  The following provisions of this Act take effect on
 10  9 July 1, 1998:
 10 10    a.  The amendments to section 724.15, subsection 1,
 10 11 unnumbered paragraph 1 and paragraph "a", and subsections 2
 10 12 and 3 relating to requiring a permit to acquire for the
 10 13 purchase of a rifle or shotgun.
 10 14    b.  The amendments to sections 724.16 through 724.19, and
 10 15 724.20 relating to changing "pistols or revolvers" to
 10 16 "firearms".
 10 17    2.  All other provisions of this Act take effect on July 1,
 10 18 1997.
 10 19    3.  If federal requirements relating to the purchase of
 10 20 rifles and shotguns, which are in effect prior to July 1,
 10 21 1996, are repealed or set aside by courts of competent
 10 22 jurisdiction, chapter 724 shall in no way be interpreted to
 10 23 prohibit or restrict the purchase of long guns by residents of
 10 24 Iowa otherwise competent to purchase rifles and shotguns.  
 10 25                           EXPLANATION
 10 26    This bill does the following:
 10 27    1.  Section 692.17 is amended to allow criminal history
 10 28 data maintained by the department of public safety to include
 10 29 arrest and disposition data regarding individuals who have
 10 30 been acquitted by reason of insanity or adjudged mentally
 10 31 incompetent to stand trial.
 10 32    2.  Section 724.8, regarding eligibility for permits to
 10 33 carry weapons, is amended as follows:
 10 34    a.  A person cannot obtain a permit if the person is a
 10 35 chronic or habitual abuser of alcohol or controlled
 11  1 substances.  Currently, this prohibition applies only to
 11  2 persons addicted to alcohol or controlled substances.
 11  3    b.  "Present a danger to any person" is defined for the
 11  4 purposes of chapter 724 as a state of mind which includes
 11  5 violent, suicidal, threatening, harassing, or assaultive
 11  6 behavior.
 11  7    c.  A person cannot obtain a permit if the person is
 11  8 subject to a restraining order or protective order or if the
 11  9 person has been adjudged, or the issuing officer reasonably
 11 10 believes the person to be, mentally ill, or mentally retarded.
 11 11    d.  A person cannot obtain a permit if the person has been
 11 12 acquitted of a crime by reason of insanity, has been
 11 13 convicted, within the previous three years, of a violation of
 11 14 chapter 124 regarding controlled substances, or is an illegal
 11 15 alien.
 11 16    e.  The bill also requires the issuing officer of permits
 11 17 to carry weapons to adopt a written policy regarding issuing
 11 18 permits to carry weapons.
 11 19    3.  Section 724.9 is amended to remove language exempting
 11 20 persons employed as peace officers from January 1 to July 1,
 11 21 1978, from the firearm training requirements.
 11 22    4.  Section 724.10 is amended to require an applicant's
 11 23 social security number in order to receive a permit to carry
 11 24 applications, to conform with the change to section 724.8,
 11 25 regarding chronic or habitual alcohol or substance abuse, and
 11 26 to add the federal bureau of investigation (FBI) to the
 11 27 sources to be checked for criminal history information.
 11 28    5.  Section 724.11 is amended to provide that the fee for
 11 29 each initial or renewal permit to carry weapons is $10.
 11 30    6.  Section 724.13 is amended to require the revocation of
 11 31 a permit to carry when the permit holder violates the
 11 32 conditions for issuing the permit.
 11 33    7.  Section 724.14 is added to provide that a permit to
 11 34 carry weapons is not valid anytime the permit holder is
 11 35 intoxicated under the alcohol concentration standards for
 12  1 intoxication under chapter 321J (operating while intoxicated).
 12  2 A person who carries a weapon while intoxicated would be
 12  3 subject to prosecution under section 724.4.
 12  4    8.  Section 724.15 is amended to read as follows:
 12  5    a.  A person cannot obtain a permit if the person is a
 12  6 chronic or habitual abuser of alcohol or controlled
 12  7 substances.  Currently, this prohibition applies only to
 12  8 persons addicted to alcohol or controlled substances.
 12  9    b.  A person cannot obtain a permit if the person is
 12 10 subject to a restraining order or protective order or if the
 12 11 person has been adjudged, or the issuing officer reasonably
 12 12 believes the person to be, mentally ill, or mentally retarded.
 12 13    c.  A person cannot obtain a permit if the person has been
 12 14 acquitted of a crime by reason of insanity, has been
 12 15 convicted, within the previous three years, of a violation of
 12 16 chapter 124 regarding controlled substances, or is an illegal
 12 17 alien.
 12 18    d.  Separate permits to acquire would be required for
 12 19 persons 18 through 20 to acquire rifles and shotguns.  Permits
 12 20 would have to be clearly labeled as to whether they applied
 12 21 only to rifles and shotguns.
 12 22    9.  Sections 724.15 through 724.20 are amended to change
 12 23 references to permits to acquire pistols or revolvers to
 12 24 permits to acquire firearms.
 12 25    10.  Section 724.17 is also amended to require a search of
 12 26 federal bureau of investigation records as part of the
 12 27 required criminal history check and to provide for the
 12 28 collection of a fee of at least $10 for each permit to acquire
 12 29 issued.  Section 724.17 also requires $2 of each fee to be
 12 30 deposited in the department of public safety's operating
 12 31 account to be used to offset the costs of administering
 12 32 chapter 724.  Funds from the fees which are unspent on June 30
 12 33 of each year shall revert to the state general fund.
 12 34    11.  Sections 724.18 and 724.19 are also amended to provide
 12 35 that permits to acquire shall be issued on forms published by
 13  1 the commissioner of public safety and shall be issued after
 13  2 completion of the criminal history check.  Section 724.19 is
 13  3 also amended to provide a person who is denied a permit to
 13  4 acquire based on the results of the criminal history check
 13  5 with a right to appeal the denial to the issuing officer.  The
 13  6 person must submit to fingerprinting and pay a fee to cover
 13  7 the cost of fingerprinting and processing in order to appeal.
 13  8    12.  Section 724.20 is also amended to provide that permits
 13  9 to acquire are valid for approximately one year from the date
 13 10 of issue instead of from the date of application.
 13 11    13.  Section 724.26 is amended to provide that a felon
 13 12 commits a class "D" felony for possessing a firearm or
 13 13 offensive weapon.  Currently, the section requires the felon
 13 14 to knowingly have the weapon under the person's dominion and
 13 15 control.
 13 16    14.  A new section, 724.31, is included providing that the
 13 17 provisions relating to requiring a permit to acquire in order
 13 18 to obtain rifles and shotguns do not take effect until July 1,
 13 19 1998.  Other provisions of the bill takes effect July 1, 1997.
 13 20 This section also provides that if current federal
 13 21 requirements for the purchase of rifles and shotguns are
 13 22 repealed or overturned in court, the chapter will not prohibit
 13 23 the purchase of rifles and shotguns by Iowa residents who are
 13 24 otherwise legally able to purchase rifles and shotguns.  
 13 25                      BACKGROUND STATEMENT
 13 26                     SUBMITTED BY THE AGENCY
 13 27    This proposal was developed jointly by the Iowa state
 13 28 sheriffs and deputies association and the Iowa department of
 13 29 public safety.  Sheriffs are responsible for the
 13 30 implementation of the provisions of chapter 724 regarding the
 13 31 issuance of permits to carry and acquire weapons.  The
 13 32 department is responsible for the administration and adoption
 13 33 of rules regarding chapter 724.
 13 34    This bill addresses the following needs:
 13 35    1.  To bring the provisions of chapter 724 regarding the
 14  1 issuance of permits to acquire and permits to carry weapons
 14  2 into conformity with the current practice in the counties.
 14  3    2.  To clarify certain language and enact technical
 14  4 changes.
 14  5    3.  To expand the criteria which must be met for a person
 14  6 to receive a permit to carry or a permit to acquire weapons.
 14  7    4.  To make conforming changes in Iowa law which are
 14  8 required by the enacted federal Brady bill.
 14  9    5.  To provide better guidelines for Iowa sheriffs for
 14 10 issuing permits and to require each sheriff to adopt a written
 14 11 policy to follow.  
 14 12 LSB 3109DP 76
 14 13 mk/jw/5.1
     

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